DELAWARE TRUST COMPANY v. DELAWARE W. C. T. U.


162 A.2d 717 (1960)

DELAWARE TRUST COMPANY, a Delaware corporation, Successor Trustee under Item Sixteenth of the Last Will and Testament of Fannie T. H. Hay, deceased, Plaintiff, v. DELAWARE WOMEN'S CHRISTIAN TEMPERANCE UNION, a Delaware Corporation, Dorothy Hilyard, Cornelia Gillette, Edith Lacy, and Margaret Norris, and Januar D. Bove, Jr., Attorney General of the State of Delaware, Defendants, Anna L. Brinton, Edith Driscoll, Roberta Green, Lula Harper, Annie F. Matthews, Lucy Pierson and Elizabeth Steen, Interveners.

Court of Chancery of Delaware, New Castle.

June 21, 1960.


Attorney(s) appearing for the Case

Edward W. Cooch, Jr., Wilmington, for plaintiff.

Edward W. Cooch, Jr., Wilmington, for defendants.

Samuel Handloff, Wilmington, for interveners.


SEITZ, Chancellor.

The testatrix, Fannie T. H. Hay, died about July 17, 1935, leaving a will dated January 11, 1933. In order to understand the issues posed it is necessary to quote Item Sixteenth in full:

"Sixteenth: I give, devise and bequeath unto my Executor, hereinafter named, and to such persons as shall, at the time of my death, constitute the Delaware State President of the Women's Christian Temperance Union and the three County Presidents thereof...

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